Appeal No. 1997-0581
Application No. 08/168,549
in the art would have been led to determine the optimum or
workable pressure condition, such as that claimed, with a
reasonable expectation of successfully carrying out the
extrusion grafting process of either Strait or Kelusky. See
In re Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA
1980)(the “discovery of an optimum value of a result effective
variable in a known process is ordinarily within the skill of
the art”). In reaching this conclusion, we note that contrary
to appellants’ assertion at page 2 of the Reply Brief, claim 1
does not require that the claimed elevated pressure be
extended to the outlet of the extruder. See In re Morris, 127
F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed. Cir.
1997) (in prosecution of patent applications, words in the
claims are given the broadest reasonable interpretation in
light of the specification).
Appellants also argue that neither Strait nor Kelusky
discloses or would have suggested the claimed viscosity. See,
e.g., Reply Brief, page 2. However, the examiner finds that
the melt flow index described in, for example, Kelusky, when
calculated to a viscosity at a temperature of 190 C and ao
pressure of 2160 gram, corresponds to the claimed viscosity.
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